The Waste Minimisation Challenge: Environmental law for businesses

01 June 2007



The environment and the effect that we have on it are high profile and emotive topics not least when it comes to the handling and disposal of the massive volumes of waste that businesses generate.

Our historic solution to waste has been to bury it, sometimes in ways that were positively damaging to the environment. It is only relatively recently that the focus has shifted to recycling and yet more recently to minimisation. The UK's landfill capacity is not bottomless. There are estimates that, by 2013, the available capacity will be sufficient for as little as 3 more years. With the amount of commercial and industrial waste being sent to landfill each year now reaching 30 million tonnes, the focus is being shifted further back in the waste cycle to tackle the problem at source and, unsurprisingly, businesses are increasingly under pressure to clean up their act.

There are now several European Directives designed to encourage reductions in the amount of waste requiring disposal and to place more responsibility for waste reduction on producers/ manufacturers. As part of the implementation of the Landfill Directive, DEFRA has published a new waste strategy for England which sets challenging national targets, requiring a reduction in the volume of industrial and commercial waste sent to landfill to 85% of the 1998 levels by 2010, with further required reductions thereafter.

The Government is attempting to persuade business that landfilling is an expensive option - both for business and the environment - although it appears unlikely that cost alone will be an effective deterrent unless there are further dramatic increases in landfill tax.

In terms of waste minimisation, the Government is encouraging businesses to review all elements of their operations to determine what efficiencies can be introduced to ensure a reduction in waste at source. This review should not concentrate solely on disposal but should cover the entire life cycle of any product or material from its production/ manufacture and should look for opportunities to reduce "waste" in its widest sense. Government suggests that waste minimisation and increased recycling/ reprocessing will contribute to achievement of the national landfill targets and will at the same time deliver a cost saving dividend to business.

Against this political background, the Companies Act 2006 requires directors to have regard to "the impact of (their) company's operations on the community and the environment" when decision making. This new obligation is consistent with the growing shift towards a proactive approach to waste minimisation and to production from renewable sources.

B P Collins acts for clients involved in all stages of the waste cycle; also for clients working in the renewables sector, particularly the generation of energy from renewable sources such as landfill gas and anaerobic digestion.

For advice on the impact of environmental regulations or the Companies Act 2006 on your business, please contact Diane Gill on 01753 279075 or email environment@bpcollins.co.uk.